MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 September 2001                   
	DOCKET NUMBER:   AR2001059478

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  That his RE code of 4 bars his reentry.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

EVIDENCE OF RECORD:  The applicant’s military records show: 

He enlisted in the Regular Army on 20 January 1988.  He completed basic training and advanced individual training and was awarded military occupational specialty 63B (Wheel Vehicle Repairer). 

On 28 October 1991, a formal Physical Evaluation Board (PEB) found the applicant unfit for duty due to degenerative arthritis and chondromalacia of both knees (left with extension limited to 20 degrees post arthroscopic surgery and right with osteochondritis dissecans).  His impairments were of such a nature that evaluation of a permanent degree of severity was not possible at that time, it was recommended that he be placed on the Temporary Disability Retired List (TDRL). On 26 November 1991, he was released from assignment and on 27 November 1991 he was placed on the TDRL.  He was given a separation code (SPD) of SFK and an RE code of 4.

On 21 July 1994, a TDRL reevaluation determined that the applicant was unfit for duty due to leg limitation of extension limited to 15 degrees left leg with severe tri-compartment degenerative arthritic changes and right knee tri-compartment palpable osteophytes, rated as degenerative arthritis.  His current condition was considered sufficiently stable for final adjudication and it was recommended he be permanently retired with a 30 percent disability rating.  It is unknown when he was removed from the TDRL and permanently retired.  The documents removing him from the TDRL were forwarded to him by letter dated 10 November 1994.

Army Regulation 635-5, SPD/RE Cross Reference Table states that when the SPD is SFK then RE code 4 will be given.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  In view of the fact that the applicant was permanently retired by reason of physical disability, the assigned reentry code of 4 and the related nonwaivable disqualification for enlistment was and still is appropriate.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __kwl___  __pm____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059478	
SUFFIX		
RECON		
DATE BOARDED	20010920	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.